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S1165................................................by JUDICIARY AND RULES
JUVENILES - MENTAL HEALTH ASSESSMENTS - Adds to existing law relating to
juveniles to set forth provisions requiring mental health assessments and
plans of treatment for juveniles under certain circumstances in proceedings
under the Juvenile Corrections Act or the Child Protective Act.
02/28 Senate intro - 1st rdg - to printing
03/01 Rpt prt - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 33-0-1, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- McGee, (District 21 seat vacant)
Floor Sponsors - Darrington & Burkett
Title apvd - to House
03/18 House intro - 1st rdg - to Jud
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
Rls susp - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson(Barker), Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bayer
Floor Sponsor - Smith(24)
Title apvd - to Senate
03/24 To enrol
03/25 Rpt enrol - Pres signed
03/28 Sp signed
03/29 To Governor
04/01 Governor signed
Session Law Chapter 223
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1165
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO JUVENILES; AMENDING CHAPTER 5, TITLE 20, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW SECTION 20-511A, IDAHO CODE, TO SET FORTH PROVISIONS REQUIR-
4 ING MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT FOR JUVENILES UNDER
5 CERTAIN CIRCUMSTANCES IN PROCEEDINGS UNDER THE JUVENILE CORRECTIONS ACT OR
6 THE CHILD PROTECTIVE ACT.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 5, Title 20, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 20-511A, Idaho Code, and to read as follows:
11 20-511A. MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT. (1) A judge of
12 any court shall order the department of health and welfare to submit appropri-
13 ate mental health assessments and a plan of treatment for the court's approval
14 if at any stage of a proceeding under this chapter or the child protective
15 act, chapter 16, title 16, Idaho Code, a judge has reason to believe, based
16 upon the record and proceedings of the court or upon an affidavit of a party,
17 state or county agency or any person having physical custody of the juvenile,
18 that the juvenile:
19 (a) Is suffering a substantial increase or persistence of a serious emo-
20 tional disturbance as defined in section 16-2403, Idaho Code, which
21 impairs his or her ability to comply with the orders and directives of the
22 court, or which presents a risk to the juvenile's safety or well-being or
23 the safety of others; and
24 (b) Such condition has not been adequately addressed with supportive ser-
25 vices and/or corrective measures previously provided to the juvenile, or
26 the juvenile's needs with respect to the serious emotional disturbance are
27 not being met or have not been met.
28 (2) The court may convene a screening team consisting of representatives
29 from the department of health and welfare, county probation, local school
30 officials, the department of juvenile corrections and/or other agencies or
31 persons designated by the court to review the plan of treatment and provide
32 written recommendations to the court. Parents and guardians of the juvenile,
33 if available, shall be included in the screening team and consulted with
34 regard to the plan of treatment.
35 (3) If the court, after receiving the mental health assessment and plan
36 of treatment submitted by the department of health and welfare and any recom-
37 mendations from the screening team, determines that additional information is
38 necessary to determine whether the conditions set forth in subsections (1)(a)
39 and (1)(b) of this section are present, or to determine an appropriate plan of
40 treatment for the juvenile, the court may order an evaluation and/or recommen-
41 dations for treatment to be furnished by a psychiatrist, licensed physician or
42 licensed psychologist, with the expenses of such evaluation and/or recommenda-
43 tions to be borne by the department of health and welfare.
2
1 (4) If the court concludes that the conditions set forth in subsections
2 (1)(a) and (1)(b) of this section are present, the plan of treatment, as
3 approved by the court, shall be entered into the record as an order of the
4 court. The department of health and welfare shall provide mental health treat-
5 ment as designated by the approved plan of treatment. If in-patient or resi-
6 dential treatment is required as part of the plan of treatment, the court
7 shall hold a hearing on whether to order such treatment unless the hearing is
8 waived by the juvenile and the juvenile's parents or guardians. The court
9 may order parents, legal guardians or custodians to adhere to the treatment
10 designated in the plan of treatment. Representatives from the department of
11 health and welfare, county probation, local school officials, the department
12 of juvenile corrections and/or other agencies or persons designated by the
13 court shall attend case review hearings as scheduled by the court.
14 (5) All costs associated with assessment and treatment shall be the
15 responsibility of the parents of the juvenile according to their ability to
16 pay based upon the sliding fee scale established pursuant to section 16-2433,
17 Idaho Code. The financial obligation of the family shall be determined after
18 consideration of all available payment and funding sources including title XIX
19 of the social security act, as amended, all available third party sources, and
20 parent resources according to any order for child support under chapter 10,
21 title 32, Idaho Code. Services shall not be conditioned upon transfer of cus-
22 tody or parental rights.
STATEMENT OF PURPOSE
RS15034
Judges handling Juvenile Corrections Act or Child
Protective Act cases sometimes find that the juvenile before
them is suffering from severe emotional disturbance that
needs to be addressed promptly and appropriately. This bill
is intended to provide a procedure for obtaining prompt
assessment and treatment of the mental health needs of the
juvenile at any stage of these proceedings.
This bill would provide that courts hearing JCA or CPA
cases could order a mental health assessment and preparation
of a plan of treatment for juveniles who appear to be
suffering severe emotional disturbance (SED). Such orders
could be issued when the court has reason to believe that
the juvenile is suffering SED that: (1) impairs his or her
ability to comply with the orders of the court, or presents
a risk to the juvenile's well-being, or the safety of the
juvenile or others; and (2) the juvenile's needs are not
being met with the services thus far provided.
The bill would also allow the court to convene a
screening team, drawn from a wide range of agencies and
including the child's parents or guardians, to provide
recommendations for the court. The court could also order
an additional evaluation and recommendations for treatment
when needed.
If the court concluded that the requisite conditions
were present, the plan of treatment would become an order of
the court, and the Department of Health and Welfare would
provide the mental health treatment designated in the plan
of treatment. Any residential or in-patient treatment could
be ordered only after a hearing or waiver of a hearing by
the juvenile and the juvenile's parents or guardians.
Financial obligations of the juvenile's parents would be
determined in a manner consistent with the corresponding
provisions of the Children's Mental Health Services Act.
FISCAL NOTE
This bill provides a new procedure for the assessment
and treatment of juveniles in JCA and CPA cases, but the
extent to which it would actually require new services, and
therefore have any fiscal impact, is uncertain. The
Department of Health and Welfare currently has the duty of
providing assessments and recommendations for treatment of
juveniles in such cases. This bill would insure that such
services could be ordered at an early stage of the
proceedings if the criteria for such an order are met. Such
early evaluations will in many cases facilitate the
resolution of the cases, and may therefore result in savings
that will offset the costs of any additional assessment and
treatment.
Contact:
Name: Patricia Tobias
Administrative Director of the Courts
Phone:(208) 334-2246
Statement of Purpose/Fiscal Note S 1165